Wednesday, 16 June 2010

Flaws in legal procedures in Courts

Flaw 1: No defined procedure to avoid delays

There is no procedure in the courts that can prevent parties from causing intentional and unreasonable delays in the case proceedings. When a party skips a court session on a date as directed by the Court, next date is given free of cost and for limitless number of times. There is no limit on number of leaves taken. Unfortunately, there is no accountability on the part of the party or the lawyers for causing such delays. Further, there is no way to verify the correctness of the reasons given for such delays.

Flaw 2: Lack of Accountability and Punishment

There is no accountability and punishment on the part of the lawyers and the parties for making wild and abusive allegations, and then not prove them. Further, there is no accountability for the kind of language and words used in the case. There is no regulation that ensures dignity of conduct while cases are carried out.

Flaw 3: Lack of Social Responsibility

Lawyers have a responsibility towards the society. They must ensure that the parties cooperate with the courts in proceedings. They should not allow their clients to make wild allegations against the other parties without proper proofs. Lawyers should not resort to dishonesty and abuse of people and process to win the cases. In reality, this is not the case as some lawyers grossly defy this responsibility.

I am sure the forerunners of the Law would understand the damage the above flaws can cause to the society. Addressing these flaws will ensure meeting the ends of justice and will enable the people to respect the Law to a greater extent, and trust the system. Importantly, the system matures from its current state to a higher level of efficiency and effectiveness to render lawful solutions.